The Lahore High Court has ruled that if the time of payment of dower (mehr) is not specified in a marriage contract (Nikah Nama), the husband is obligated to pay it upon the wife’s demand.
Justice Abaid Hussain Chattha issued a six page judgment on a petition filed by Fatima Bibi who had sought recovery of maintenance dowry and five tola of gold as dower. The family court had earlier ordered the husband to pay monthly maintenance of Rs5,000 and the dower amount while rejecting the dowry claim.
Both parties challenged the family court’s decision in a trial court which upheld the maintenance order and partially accepted the dowry claim but dismissed the dower claim. Dissatisfied with the ruling, the petitioner approached the Lahore High Court.
The High Court accepted her plea regarding dower and set aside the trial court’s decision on this matter. The court observed that when the Nikah Nama does not specify the timing of dower payment, it becomes payable on demand regardless of whether the marriage has ended.
The judgment reaffirmed that a wife retains her legal right to dower and is entitled to claim it at any time under the law.
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